Mo. River, Fort Scott & Gulf Railroad v. Shirley
Supreme Court of Kansas
Error from Linn District Court. Three separate suits were brought against the Railroad Company, before a justice of the peace, to recover for stock killed by defendant’s train of cars. The respective plaintiffs in such suits were Thomas Shirley, James Fitzmorris, and Celicia M. Pulver. The justice gave judgment in each case against the plaintiff.
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Error from Linn District Court. Three separate suits were brought against the Railroad Company, before a justice of the peace, to recover for stock killed by defendant’s train of cars. The respective plaintiffs in such suits were Thomas Shirley, James Fitzmorris, and Celicia M. Pulver. The justice gave judgment in each case against the plaintiff. The cases were appealed to the district court, where a trial was had in each, at the November Term 1877. Shirley recovered a judgment for $35 for the value of two heifers killed, and for $10 attorney-fee for the trial before the justice, and $20 for…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
1.Attorney-fees; general rule, as to recovery and amount. These cases all arose under the stock-killing law of 1874. They were commenced before a justice of the peace, and judgments having been there rendered in favor of the railroad company, were taken on appeal to the district court. In the latter court judgments were rendered in favor of the plaintiffs for the value of the stock killed, and attorney_fees th'e justice’s as well as the district court. And this presents the first question, yyjjgj-g tLe stock-owner is defeated in the trial…
2Cases cited4 opinions
- Hudson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Seaton v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1874
- Stanley v. Farmers' BankSupreme Court of Kansas · 1877
- Mud Creek Draining Co. v. State ex rel. MarleyIndiana Supreme Court · 1873
3Cited by15 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Pinkerton v. SchwiethaleSupreme Court of Kansas · 1972
- Clark v. Linley Motor Co.Supreme Court of Kansas · 1928
- Pyramid Land & Stock Co. v. PierceNevada Supreme Court · 1908
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
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